Police: Juror read Free Press during trial

Richard Gallow appears in Vermont Superior Court in Burlington on Sept. 4, 2014. Gallow was accused of sexually assaulting a prison inmate while serving as a corrections officer. The jury could not reach a verdict. Now, a juror is accused of misconduct.(Photo: GLENN RUSSELL/FREE PRESS FILE)Buy Photo

A man who served on the jury in a sexual assault case against ex-jail guard Richard Gallow has been accused of contempt of court for allegedly reading the news during trial.

Robert Blow Sr., 78, of Shelburne pleaded not guilty to the charge on Thursday morning in Vermont Superior Court in Burlington. Judge James Crucitti ordered Blow released on conditions following his hearing.

The case is being prosecuted by the Vermont Attorney General's Office, who says Blow violated his oath as a juror.

Blow maintains that he did not read any coverage of the trial until after it was over, according to court papers.

If found guilty, Blow faces imprisonment, a fine, or both at the discretion of the court.

Blow served on a jury last November during the second trial of Gallow, 47, of Highgate Center. The trial ended with a hung jury, meaning the jurors could not make a final decision on Gallow's fate. Gallow's first trial in July 2014 ended with the same result.

Gallow is accused of lewd and lascivious conduct and sexual assault without consent of a female inmate at the Chittenden Regional Correctional Facility stemming from incidents in 2010. Pretrial preparation has begun for a potential third trial.

Before, during and after trial, jurors are told by the judge multiple times that they should not read media reports or do other personal research on the case. All decisions by jurors must only be based on evidence presented during the trial.

Each day the jury is brought into the courtroom to begin trial, the judge asks jurors if any of them have read or spoken about the case outside court.

Judge Michael Kupersmith had warned the jury on which Blow served multiple times to avoid reading about the case in the Burlington Free Press or watching television news reports. Several jurors said Blow referred to newspaper accounts by the Burlington Free Press during jury deliberation.

Blow told other jury members that the trial was Gallow's second, and the first had also ended in mistrial.

"Another juror responded by telling Mr. Blow that he was not supposed to be reading the newspaper on trial," one juror told Burlington Police Det. Jeffrey Beerworth, according to court papers. "Mr. Blow then stated, 'Who's going to tell me I can't read the newspaper.'"

Blow told Beerworth that he reads the Burlington Free Press each morning, but he did not recall reading anything pertaining to the Gallow trial.

Beerworth wrote the affidavit in mid-February and filed it with the court in late March, according to court records. The citation was issued March 13. No news release or public statement about the case was issued until after Blow's arraignment Thursday morning.

Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at www.twitter.com/LizMurraySMC.